The Supreme Cop-Out

But give the law its due; the congress does have the power to tax anything and anyone. This is how we got to the 5-4 ruling by the Supreme Court on Florida v. Department of Health and Human Services, No. 11-400 and the National Federation of Independent Business v. Sebelius, No. 11-393.

However, the stance by this space and other relatively cogent opponents of the law has been duly supported, as the White House and its challengers defended it. The Patient Protection and Affordable Care Act or Obamacare, as it has come to be known, is unconstitutional in the realm of the Commerce Clause, giving congress the right to regulate interstate business dealings. That avenue was a boondoggle from day one and everyone knew it. But the Court ultimately ruled correctly under the guise of the powers of the federal government to tax — as was done with most of entitlement programs and heavy leans, like with energy and tobacco, interstate highway tolls and all that crazy crap pulled during times of war.

The issue here, beyond the incredibly juicy political fallout on both sides of the aisle — positive and negative — is the gutless action by the highest court in the land to leave this issue in complete chaos; stating the law’s “wisdom” as questionable and how it will be implemented.

What’s the “wisdom” of any law, and how does the federal government have the right to say, for instance, outlaw a plant or denying basic freedoms, which is happening right now with marijuana and same-sex marriage?

This kind of shoddy, half-ruling should open up a chasm for these cases to cruise through nicely.

The same can be said by a ruling a little less than a week ago on the laughable Arizona SB 1070 Law.

The Supreme Court ruled 90 percent of the thing a joke, but left it up to the local police to dare to racially profile in the remaining ten percent of a law that pretty much calls for racial profiling. It’s not unlike these delusional people I encounter who don’t want to hear that they’re actually eating animals: “Cute little baby lamb? Not me…Yum!”

By the letter of the law both the ACA and SB 1070 infringe on the rights of the citizenry, do they not? This “greater good” stuff is always the way into your pocket and to keep you from doing something you just know isn’t harming anyone but yourself.

Granted, high-stakes gamblers (as I was for most of my twenties and early thirties), who wish to roll the dice and run amok without coverage, will most likely cost some sucker a grand a year. And it always cracks me up to think that sure, why do young people need health care insurance? — they’re healthy and strong with no other responsibilities — ah, but at the same time they’re drugged up and racing around in beat up, barely legal automobiles and motorcycles, hormones raging in random sex-fueled romps worthy of Caligula, topped off with stage diving, moshing, self-mutilation with tattoos and piercings, cliff diving, bungee jumping, night swimming (likely on drugs and in mid coitus), and well…give yourself a minute to think of all the dangerous shit that should have killed you.

Sure, let’s all line up and pay for these cretins.

This is basically, in childish but fairly stringent terms, what the United Stated Constitution was drafted for, the protection for the citizens of this republic to pursue happiness without a confused and powerless police force or the IRS keeping tabs on you.

So, I get the nuances of demanding these idiots and/or their parents get on board with the rest of us suckers and pony up the cash to keep doctors from having to treat the semi-comatose head-laceration that comes in at 1:00 am without a card. But the fact (to which laws are supposed to be based and ruled upon) remains — this is a mandated clause by the government (again!) for us to be part of some pool with the lazy, stupid, fat, pathetic and irresponsible, AND their dullard offspring. It’s akin to the cops forcing you to hitch a ride with a guy tripping on jimson weed. “It’s for the greater good!”

The Arizona law is less a national epidemic than the PPACA, merely because really no one lives in Arizona. It’s a fucking desert with beautiful Sedona trapped inside. Wonder if we could extricate it in an Obamacare medical exclusive, and let those people treat everyone like it’s Kristallnacht. But if they’re going to draft a law that speaks to border safety (a border with Mexico) then the chances enacting that law on a blonde, blue-eyed middle-aged jackass like me is unlikely. Why does any law need to pertain to one set of individuals and not another?

This is basically, in childish but fairly stringent terms, what the United Stated Constitution was drafted for, the protection for the citizens of this republic to pursue happiness without a confused and powerless police force or the IRS keeping tabs on you.

Let’s review, since I am repeatedly (and may I say with good reason) accused of either taking both sides of an argument for laughs or none for heartier laughs. The Supreme Court ruled correctly in both the PPACA and Arizona law SB1070, but did so in a very half-assed way, leaving lawmakers in congress and law-enforcers in Arizona with an extremely short rope in which to hang themselves. It would have been better to simply rule one way or the other — the law is legal under the Commerce Law (which it might be with the right attorney) or it is not (which it most certainly is not) and just wipe out the goofy Arizona law, because without the teeth of it, what exactly are these poor cops going to enforce?

Finally, because we cannot resist in getting a head start on the political charade a-comin’, the president will now have to finally defend his administration’s signature legislative accomplishment. Now the Republicans and specifically Mitt Romney can make it clear that if you don’t like this thing you had better vote for their guy or you’re stuck with it. And for Romney, the architect (along with Newt Gingrich in 1994) of the individual mandate, which was the main reason for the lawsuits in the first place, it will be hard to divest the record from the candidate. It also dilutes some of the crazed rhetoric that this was some kind of fascist/socialist plot, while continuing to make claims on being a strict constructionist.